An ex officio decision is a decision taken by the government itself, without you requesting it. This can for example be a fine or an enforcement measure in Utrecht.
What does an ex officio decision entail?
An ex officio decision is taken independently by an administrative authority, such as the municipality of Utrecht, without a request from a citizen. The initiative lies entirely with the government.
Examples of ex officio decisions
| Category | Examples |
|---|---|
| Enforcement measures | Order under penalty clause, application of administrative coercion |
| Penalty measures | Administrative sanction, revocation of permit |
| Tax matters | Assessment notice, supplementary levy |
| Amendments | Revision of a previous decision |
Procedure for ex officio decisions in Utrecht
For ex officio decisions, specific rules and safeguards apply:
- Input: For negative decisions, you often get the opportunity to state your position.
- Hearing: You must be heard before a weighty decision is taken.
- Substantiation: The decision must be clearly explained and justified.
Preliminary announcement of a decision
In some cases, you first receive an intention from the administrative authority:
- You can respond to this with your opinion or objections.
- The response period is usually 2 to 4 weeks.
- Afterwards, the definitive decision follows.
Filing an objection in Utrecht
If you disagree with an ex officio decision, you can lodge an objection:
- This must be done within 6 weeks after the notification of the decision.
- Lodging an objection usually does not suspend the execution of the decision.
- In cases of urgency, you can request a provisional remedy from the court.
Frequently asked questions about ex officio decisions
Must the municipality of Utrecht inform me before a fine?
In many cases, yes. You often receive an intention to which you can respond before the fine becomes definitive.
Can I lodge an objection against an intention?
No, an intention is not an official decision. You can submit your position. Objection is only possible after the definitive decision.
Is a fine suspended upon objection?
No, lodging an objection does not automatically suspend the fine. You can request a provisional remedy from the court to obtain suspension.
Practical questions about ex officio decisions in Utrecht
May the government take a decision without hearing me?
In exceptional situations, such as immediate danger or if your position is already known, this can happen. Usually, however, you first receive an intention or the opportunity to respond, especially for far-reaching decisions.
How long does the process of an ex officio decision take?
This varies per situation. With an intention, you often have 2-4 weeks to respond. The definitive decision follows afterwards, sometimes after a few weeks. Lodging an objection can be done within 6 weeks after the decision.
What if I disagree with an intention?
You can submit your opinion within the period (usually 2-4 weeks). Explain why you disagree and add evidence. The administrative authority must take this seriously.
Can I prevent a decision?
Sometimes, if you respond quickly to an intention with strong arguments or by consulting with the municipality of Utrecht. This can for example be by taking action yourself to avoid a sanction.
What is the difference between a view (zienswijze) and an objection?
A view (zienswijze) is a response to an intention, while an objection is a formal step against a definitive decision. A view aims to influence the decision, an objection requests revision.
How do I apply for a provisional remedy?
This can be done at the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht. For legal advice, you can contact the Juridisch Loket Utrecht, Catharijnesingel 55.